Wellman Strata collaborates with owners corporations, strata committees and lawyers to ensure that your by-laws are meaningful, relevant and effective.
What are by-laws?
By-laws, otherwise known as “delegated legislation”, are the rules that bind stakeholders living or working in strata or community titled properties. They are extremely important and aid in the proper management and control of the respective owners corporation and its common property.
By-laws may be the “model” by-laws provided for under the legislation or they may be completely tailored to a strata scheme. A tailored set of by-laws would ordinarily be drafted by appropriately skilled lawyers and, having regard to the exact nature, structure and building concept that was envisioned during the planning stages.
By-laws generally cover matters like noise disturbance, keeping of animals, disposing of waste, smoking, use and security of keys, occupancy of the lot, parking, renovations and works, the appearance of the lot, general behaviour, use of facilities, etc. The list is not exhaustive and can be added to or changed by way of a special resolution of the owners corporation at a properly convened general meeting.
The registered by-laws are intended to assist with the administration of the strata scheme and they exist to uphold the highest form of community living and uniformity across the scheme. As such, it is extremely important that the by-laws are carefully worded so to aid in the overall effectiveness of the rule.
How can we help you?
Wellman Strata works in collaboration with owners corporations, strata committees and leading industry lawyers to ensure that the by-laws registered for a scheme under management are meaningful, relevant and effective.
- Reviewing by-laws
We encourage our clients to regularly review and update by-laws from time-to-time to ensure they remain in line with the current trends of the building’s occupation so that in instances of noncompliance, the by-laws may be effectively enforced.
- Managing noncompliance
Wellman Strata specialises in finding practical, cost-effective and creative solutions for pursuing the non-compliance of by-laws and we take the time to ensure our clients are comprehensively informed so that the right decisions can be made.
Under the current legislation, there a number of ways in which an owners corporation may deal with offending lot owners, occupants or invitees of the strata scheme who might be found to be in breach of the registered by-laws. The methods include issuing breach letters, legal notices-to-comply (s 146, Strata Schemes Management Act 2015 or, s 13A, Community Land Management Act 1989) and/or the commencement of proceedings via the relevant tribunals or court of law. While each of these different remedies are available to bring about compliance or, orders to seek compliance, any action of this nature needs to be carefully considered so to ensure the essence of harmony within a scheme is not lost in favour of a trivial dispute or, that the scheme’s funds are not eroded by way of unnecessary legal and management costs that would ordinarily flow in such cases.
Our team can guide you through the management and enforcement of by-laws. We partner with legal professionals to support you in re-drafting, amending or reviewing by-laws.
Get in touch with our team to find out how we can help you.